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HomeMy WebLinkAbout6196-11-2025 - City Council - ResolutionA Resolution NO. 6196-11-2025 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO ADD SCOPE AND INCREASE THE PROJECT AMOUNT FROM $9,364,758.00 TO $16,630,553.00 WITH CITY PARTICIPATION IN THE AMOUNT OF $1,288,125.00 AND TRANSPORTAION DEVELOPMENT CREDITS IN THE AMOUNT OF 1,877,798 FOR THE HORNE STREET RECONSTRUCTION PROJECT WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115550 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as to widen from 2 to 3 lanes with bicycle lanes, pedestrian/ sidewalk improvements and traffic signal improvements.; and WHEREAS, the City of Fort Worth and Texas Department of Transportation entered into an Advance Funding Agreement (City Secretary No. 55194; CSJ 0902-90-148) for the Horne Street Reconstruction from Camp Bowie Blvd to W. Vickery Blvd. project; and WHEREAS, the City's participation in the form of Transportation Development Credits has increased to 1,877,798 for CSJ: 0902-90-148; and WHEREAS, the City and the State have negotiated terms of an amendment to the Advance Funding Agreement by adding CSJ: 0902-90-343 to the project which contains additional scope and costs related to additional engineering and construction for adding full roadway reconstruction and landscaping to the project, for which City of Fort Worth participation is $1,288,125.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: The City Manager, or their designee, is hereby authorized to execute Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary No. 55194; CSJ: 0902-90-148) to add CSJ: 0902-90-343 to the project and revise the amount to $16,630,553.00, with federal participation in the amount of $14,541,489.00, state participation in the amount of $800,939.00 and local participation in the amount of $1,288,125.00 and 1,877,798 provided by Transportation Development Credits, for engineering, environmental services, right-of-way and construction of Horne Street Reconstruction project. City is responsible for overruns on the project. Adopted this 18th day of November 2025. ATTEST: B Y' . Jannette S. Goodall, City Secretary ' ICY 0000 R T ��d T; 0 o�� � 0�° o+10 Pvo °_� d �I� °°O°°°°° ICY44 SEX ASaIIZ5d Mayor & Council Map I CPN #102674 FORT WORTH, Horne Street Reconstruction CD #6 C � Project Location n L'OVELL AVE JII d Parks CURZON AVE n0 s' 3 - Michael D. Crain Y 6 - Dr. Mia Hall p GEDDES'AVE z ?� DIAZ AVE �5 z 5J Q HOUGHTON AV" Ef r N O A w� Q WELLESLEY AVE J�' MILBU� RN'ST a = �P w FLETCHER AVE 6 J r RI M i'a BO�NNEL-LAVE HaII z — KILPATRICK GOODMAN AVE Z _ Goodman Park ? N L="IBBEY AVE N v~i BLACKMORE AVE Q Z T HUMBERT_ AVE_. Z,' 3 - Mic-hael Fasw�oRTH AVE - o D. Crain � z HELMICK AVE Chamberlin0 CAR ER 3P �� Park U_ FERNANDER DR' COMO-D R p S MANHAT AN DR �J� = a �2 Co c CHARIOT DR—,,,,- SHILOH.DR „oPG RO 0 800 1,600 Data Source: CFW GIS, Near Map I Map generated July 2025 TPW Business Support Services Copyright © 2025 City of Fort Worth. Unauthorized reproduction is a violation of U S Feet applicable laws. This data is to be use for graphical representation only. The accuracy is not to be taken/used as data produced for engineering purposes or by a registered professional land surveyor. The City of Fort Worth assumes no responsibility for the accuracy of said data. City of Fort Worth, Texas Mayor and Council Communication DATE: 11/18/25 M&C FILE NUMBER: M&C 25-1071 LOG NAME: 20HORNE ST RECONSTRUCTION AFA AMENDMENT 2 SUBJECT (CD 3 and CD 6) Adopt Resolution Authorizing Execution of Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation for the Horne Street Reconstruction Project to Increase the Advanced Funding Agreement Amount from $9,364,758.00 to $16,630,553.00 with City Participation Increasing to $1,288,125.00, Authorize Execution of Amendment No. 1 to an Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount of $449,144.00, for a Revised Contract Amount of $1,763,647.00 for Additional Design Services, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of Amendment No. 2 to a Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 55194; CSJ #0902-90-148 and #0902-90-343) for the Horne Street Reconstruction project (City Project No. 102764) to increase the Advance Funding Agreement amount from $9,364,758.00 to $16,630,553.00 with City participation in the amount of $1,288,125.00 and Transportation Development Credits in the amount of 1,877,798, plus any construction cost overruns; 2. Authorize execution of Amendment No. 1 to an engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 57171), in the amount of $449,144.00 for a total revised contract amount of $1,763,647.00 for the additional design services of the Horne Street Reconstruction project (City Project No. 102764); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund, in the amount of $1,600,000.00, from transfer from general proceeds within the Unspecified — All Funds project (City Project No. UNSPEC), for the purpose of funding the Horne Street Reconstruction project (City Project No. 102764); 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Project Other Fund, in the amount of $82,493.00, subject of the receipt of the grant for the purpose of funding the Horne Street Reconstruction project (City Project No. 102764); 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund, subject of the receipt of the grant, (i) in an amount up to $5,564,965.00 for Federal participation and (ii) in an amount up to $1,223,719.00 for City participation, transferred from the General Capital Projects Fund, for the purpose of funding the Horne Street Reconstruction project (City Project No. 102764); and 6. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt a resolution authorizing execution of Amendment No. 2 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) (City Secretary Contract No. 55194; CSJ #0902-90-148) to add CSJ #0902-90-343 increasing the total project cost to $16,630,553.00, with corresponding increases in the Federal participation in the amount of $5,564,965.00, State participation in the amount of $412,707.00, City participation in the amount of $1,288,125.00, and City participation in the form of Transportation Development Credits (TDCs) in the amount of 1,877,798 as well as to adopt appropriation ordinances to accept additional federal grant funds for the project and to track usage of TDCs. The City Council approved an AFA with TxDOT in the amount of $8,146,318.00 on November 10, 2020 (M&C 20-0829) for engineering and construction of the Horne Street Streetscape project (City Project No. 102764), including Horne Street from Camp Bowie Boulevard to West Vickery Boulevard. Amendment No. 1 to the AFA was approved by City Council on June 25, 2024, (M&C 24-0566) for additional engineering, right-of-way (ROW), and utility relocation costs for the project. Additional federal funds in the amount of $1,160,230.00, additional State participation in the amount of $58,208.00, and additional City contribution in the form of TDCs in the amount of 335,022.00 were approved as part of Amendment No. 1. Amendment No. 2 is for additional engineering and construction costs for the project's scope change (CSJ #0902-90-343), for full roadway reconstruction using concrete pavement. Additional federal funds in the amount of $5,564,965.00 were approved by the North Central Texas Council of Governments (NCTCOG) for this work and will be approved by this M&C. TxDOT will absorb the additional indirect costs of $412,707.00 for providing support services to this federally funded project. These state indirect costs will not be appropriated in the City's finance system. The City's required additional local match is being partially made with Transportation Development Credits (TDCs) in the additional amount of 82,493, which are appropriated and tracked as a non -spendable item in the Grants Capital Project Other Fund and City funds in the amount of $1,288,125.00. The funding appropriated by this M&C will be used for design, right-of-way acquisition, utilities, project management, and construction of the project. An advanced payment to TxDOT is required in the amount of $64,406.00 for this project. The final payment to TxDOT for local participation will be based on actual costs. The City bears the responsibility to pay for cost overruns. At the end of the project, the asset will remain with the City of Fort Worth The following table displays what the revised Federal, State, and Local participation amounts will be after approval of Amendment No. 2: CSJ: 0902-90-148 AFA PROJECT BUDGET Total Estimated Cost (Excludes Non - Description Expendable TDC Federal Participation State Participation Local Participation Local Participation column) ICSJ: 0902-90-148 (Engineering (by LG) Environmental (by LG) IROW (by LG) (Construction (by LG) (Subtotal Environmental Direct State Costs ROW Direct State Costs Engineering Direct State Costs Utility Direct State Costs Construction Direct State Costs Ilndirect State Costs ICSJ Total % Cost % Cost % TDCs $1,719,800.00 100% $1,719,800.00 0% $0.00 0% $343,960.00 $180,000.00 100% $180,000.00 0% $0.00 0% $36,000.00 $150,000.00 100% $150,000.00 0% $0.00 0% $30,000.00 $6,972,230.00 100% $6,972,230.00 0% $0.00 0% $1,394,446.00 $9,022,030.00 $9,022,030.00 $0.00 $1,804,406.00 $61,159.00 100% $61,159.00 0% $0.00 0% $12,232.00 $61,159.00 100% $61,159.00 0% $0.00 0% $12,232.00 $61,160.00 100% $61,160.00 0% $0.00 0% $12,232.00 $1.00 100% $1.00 0% $0.00 0% $0.00 $183,480.00 100% $183,480.00 0% $0.00 0% $36,696.00 $477,265.00 0% $0.00 100% $477,265.00 0% $0.00 $9,866,254.00 $9,388,989.00 $477,265.00 $1,877,798.00 CSJ: 0902-90-343 AFA PROJECT BUDGET Total Estimated Cost (Excludes Non - Description Expendable TDC Federal Participation State Participation Local Participation Local Participation column) ICSJ:0902-90-343 % Cost % Cost % Cost (Construction (by LG) $6,118,594.00 80% $4,894,875.00 0% $0.00 20% $1,223,719.00 (Subtotal $6,118,594.00 $4,894,875.00 $0.00 $1,223,719.00 Environmental Direct State Costs $1.00 0% $0.00 0% $0.00 0% $1.00 ROW Direct State Costs $1.00 0% $0.00 0% $0.00 0% $1.00 Engineering Direct o 0 0 State Costs $1.00 0 /o $0.00 0 /o $0.00 0 /o $1.00 Utility Direct State o 0 0 Costs $1.00 0 /o $0.00 0 /o $0.00 0 /o $1.00 Construction Direct $183,480.00 0% $257,625.00 0% $0.00 0/o ° $64,402.00 State Costs Ilndirect State Costs $323,674.00 0% $0.00 100% $323,674.00 0% $0.00 ICSJ Total $6,764,299.00 $5,152,500.00 $323,674.00 $1,288,125.00 (Project Total $16,630,553.00 $14,541,489.00 $800,939.00 $1,288,125.00 In addition, this M&C is to authorize execution of Amendment No. 1 to the engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 57171), in the amount of $449,144.00 for a revised contract amount of $1,763,647.00 for the design of the Horne Street Reconstruction project (City Project No. 102764). On January 11, 2022, the City Council authorized an engineering agreement in the amount of $1,314,503.00 with Kimley-Horn and Associates, Inc. (M&C 22-0024) for the Horne Street Streetscape project. Amendment No. 1 will provide additional engineering services to support the scope change from mill -and -overlay to full -depth roadway reconstruction using concrete pavement instead of asphalt pavement. The following table displays the appropriation history for the project: FUNDING FOR HORNE STREET RECONSTRUCTION (CPN 102764) Existing Additional Transfer to Fund Funding Funding Grants for Project Total Notes Match 31001 - Grants Federal funding with Cap Projects $8,976,524.00 $5,564,965.00 $1,223,719.00 $15,765,208.00 direct state costs Federal Fund 31003 - Grants Non -expendable - Capital Project $1,795,305.00 $82,493.00 $0.00 $1,877,798.00 TDCs Other Fund 30100 — General Local participation Capital Projects $0.00 $1,600,000.00 ($1,223,719.00) $376,281.00 with soft costs (Project Total $10,771,829.00 $7,247,458.00 $0.00 $18,019,287.00 Additional funding for this project was not included in the Fiscal Years (FY) 2026-2030 Capital Improvement Program because the availability of the additional funding was unknown at the time of the development of the Capital Improvement Program. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. Funding is available in the General Capital Projects Fund within the Unspecified -All Funds project for city participation for the Horne Street Reconstruction project. The Business Support Division and Capital Project Division will charge salaries to this grant project as incurred. Indirect cost recovery does not apply. This project is located in COUNCIL DISTRICTS 3 & 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the General Capital Projects Fund, Grants Cap Projects Federal Fund and the Grants Capital Project Other Fund for the Horne Street Reconstruction project. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662